Legislature(2005 - 2006)BUTROVICH 205
02/08/2005 08:30 AM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SJR1 | |
| SJR4 | |
| SB36 | |
| SB65 | |
| SB36 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SJR 1 | TELECONFERENCED | |
| *+ | SJR 4 | TELECONFERENCED | |
| + | SB 36 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| = | SB 65 | ||
SB 36-ABSENTEE BALLOT APPLICATIONS
9:49:54 AM
CHAIR SEEKINS announced SB 36, version G, to be up for
consideration.
SENATOR THERRIAULT, sponsor, said SB 36 addresses an absentee
ballot problem that surfaced in the 2004 general election.
Sensitive personal data was made available when individual
absentee ballot requests were mailed back to the political party
office instead of to the Division of Elections. He assured the
committee that there was no wrongdoing, but individual voters
should not feel that their privacy is under attack just because
they wish to participate in a regularly scheduled election. SB
36 requires all absentee ballot requests to be mailed directly
to the Division of Elections for confidential processing. It
also includes individuals in the section that prohibits a
political group or party from assisting or encouraging a
violation of the act.
9:51:44 AM
SENATOR THERRIAULT pointed out that he had CSSB 36, version F,
and asked his staff, Dave Stancliff, to describe the changes.
DAVE STANCLIFF, staff to Senator Therriault, explained that the
CS is in response to a question raised by Senator Elton about
whether this bill and the definition in it prevents a non-
political group, like Trustees For Alaska, or an individual from
conducting the type of activities this bill seeks to prevent.
Legislative Legal agreed that it could be construed to not
protect against a non-political group or person. The CS is all-
inclusive in that no person or group, political or otherwise,
should be a third-party intercept in the election process.
CHAIR SEEKINS asked if the term "person" is all-inclusive in
Alaska law.
MR. STANCLIFF replied yes, from a legal standpoint.
9:53:59 AM
SENATOR THERRIAULT explained that the language on page 1, lines
11-13, encourages Alaskan voters to participate in an election
using the absentee ballot, but the ballot has to be in a form
that is approved by the director of the Division of Elections.
The form can be sent out or hand-delivered as wished.
SENATOR THERRIAULT moved to adopt version F as the working
document. There were no objections and it was so ordered.
MR. STANCLIFF noted that on page 2, lines 22-23, the drafter
specified that language that says the form is to be returned
directly and not by another person or group should be on the
form itself.
CHAIR SEEKINS asked if he would be in violation if his wife
delivered a ballot for him.
MR. STANCLIFF replied no.
SENATOR FRENCH asked if he registered someone to vote and gave
him a ballot, a crime would be committed if the voter filled it
out and Senator French mailed it to the division for him.
MR. STANCLIFF replied if the person is a legal registrar and
approved by the division to conduct those activities, he is
considered the same as the division so that would be legal.
SENATOR FRENCH asked if anyone could become a registrar.
SENATOR THERRIAULT replied that anyone can become a registrar,
but there are rules on how to handle the information.
9:58:34 AM
MR. SHULTZ said it does not include postal service worker
handling.
SENATOR THERRIAULT said language on page 1, lines 4-5, says a
qualified voter may apply by mail or by electronic transmission,
but it was pointed out that a person might physically walk into
the office to get an application and the Division of Elections
felt most comfortable adding "or in person".
ANNETTE KREITZER, Chief of Staff, Office of the Lieutenant
Governor, said she spoke to Laura Glaiser, director of the
Division of Elections, who expressed concern about deleting that
language and preferred adding "in person" to "by mail or by
electronic transmission" to identify the ways a person could
apply for an absentee ballot.
SENATOR THERRIAULT moved to insert "in person" after "apply" on
page 1, line 4. There were no objections and it was so ordered.
10:01:39 AM
MS. KREITZER offered to find out if a registrar is considered to
be a representative of the division and get back to the
committee with an answer.
10:02:34 AM
CHAIR SEEKINS set the bill aside to await her answer.
SB 36-ABSENTEE BALLOTS
CHAIR SEEKINS announced SB 35 to be back before the committee.
LAURA GLAISER, director, Division of Elections, said she would
answer questions.
SENATOR FRENCH said his question had to do with the handling of
absentee ballot application forms and how they get as directly
as possible from the applicant to the division. He asked her to
describe how the form makes certain that intermediaries don't
collect and take personal information from the applications.
10:11:26 AM
MS. GLAISER replied that AS 15.070.81 pertains to registration
officials and says:
The director shall appoint one or more registration
officials to serve in each precinct polling places in
election during the hours...and the election official
appointed under this section also serve as a
registration official.
10:12:09 AM
CHAIR SEEKINS asked if giving his application to a registrar is
the same as giving it to the division.
MS. GLAISER replied that is her interpretation, but she is not
an attorney. She accepts applications from registration
officials if they have been brought in a timely manner. The law
says it should be turned in within five days, but often she
receives applications that have been signed more than five days
prior.
10:13:21 AM
CHAIR SEEKINS said the intent of the bill is that a person can
be considered to have returned his application to the Division
of Elections by giving it to an election official.
10:13:54 AM
MS. GLAISER responded that AS 15.07.100 says that a registration
official shall be:
A qualified state voter and shall take an oath to
honestly, faithfully and promptly perform the duties
of the office. The training for the registration
official shall be provided by the director and does
occur through the regional offices. On the completion
of training, the director may require that officials
demonstrate their competence by a test or other
method.... The registration official serves at the
pleasure of the director. Each registration official
shall be periodically evaluated by the director based
on completeness of registration forms, timely filing
of the forms and actively attributed to the
registration official.
She said that daily tallies are made in a database for
registration officials. She read further:
A registration official shall transmit completed voter
registration forms to the election supervisor within
five days following the completion by the voter.
SENATOR THERRIAULT asked if standard training includes
clarification of how sensitive information should be handled,
such as photocopying.
MS. GLAISER replied yes, but some groups have told the Fairbanks
supervisor that copies are made even though they are told not
to. Other than the confidentiality prohibition, she has no way
to stop that unless she finds out that the oath is violated, she
removes that person as a registrar.
10:16:01 AM
SENATOR FRENCH said he didn't want to see normal law-abiding
people get sideways with the law and thought the form should
state that the registrar represents the division.
MS. GLAISER showed the committee a copy of last year's
application and said she would be happy to work with the
committee on language and change the regulations to reflect the
changes.
CHAIR SEEKINS agreed with Senator French's concern.
10:18:52 AM
SENATOR HUGGINS said his concern is that there are only one or
two registrars per precinct.
MS. GLAISER clarified that she is required to appoint at least
one, not just one, and that there are registration officials
throughout the state.
10:20:28 AM
SENATOR THERRIAULT asked why language in sections 4 and 5
applies only to a form that hasn't been approved, which leaves
off the part about collecting the forms and caging voters. He
thought the committee might consider adding that language back
in.
MS. GLAISER explained that the State Affairs version targeted
unlawful interference and deletes the part about whether an
application was changed, whether a voter didn't sign it or
whether confidential information was gathered prior to turning
the application into the division.
SENATOR THERRIAULT moved a conceptual amendment to insert
Sections 4 and 5 from the G version into the F version, except
instead of applying to a political group or party it would apply
to a person, which is language that makes it all-inclusive.
10:24:25 AM
CHAIR SEEKINS added that under Alaska law, "person" is an all-
inclusive term that includes political parties, corporations -
any entity whatsoever.
10:24:38 AM
MS. KREITZER said she had concerns about combining the language.
MS. GLAISER said she would like to see language included from
[version F] subparagraph 5, lines 26 and 27, stating a voter
with an absentee application form that does not comply with the
requirements.
CHAIR SEEKINS held SB 36 for further work and adjourned the
meeting at 10:26:29 AM.
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